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1. ORC & Fonterra Co-operative Group Ltd - EIC - Cain Duncan - 17 September 2021 [pdf, 3.1 MB]

   ...should be adhered to, depending on the soil and landscape feature effluent is being applied to. Soil maps and associated soil factsheets listing the effluent risk category are available for most of Otago via Landcare Research’s S-Map service. 101 Table 2 outlines the recommended maximum application depths for different soil and landscape features using either a high or low rate effluent irrigation system, assuming the criteria in Table 1 is achieved. 23 Table 1 - mini...

2. Auckland Standards Committee 2 v Holland [2022] NZLCDT 9 (3 March 2022) [pdf, 216 KB]

   ...proper matters for professional discipline because she never provided regulated services in these matters. At the hearing, this screen collapsed in face of the clear statutory provision. 9 Ms Holland’s affidavit 27 May 2021, Ex A at [36]; NoE 101, line 5; as to character as a loan see Bundle p 79 at [38] and NoE 102. 10 Ms Holland’s affidavit 11 December 2017, at [38](a)(iii), Bundle p 78. 11 Bundle p 191, line 18. 12 Mr Woodcock’s affidavit 26 April 2018. 13 [2017] NZHC 663...

3. [2022] NZEmpC 171 Alkazaz v Deloitte (No. 3) Ltd [pdf, 356 KB]

   ...lead/architect. [100] While at Asparona Ltd, Mr Enderby had very little to do with Mr AlKazaz on a day-to-day basis. However, once the practice moved into the Queen St office, his desk was opposite Mr AlKazaz’s desk for a period of time. [101] While he never observed Mr AlKazaz undertaking any training work, he acknowledges that Mr AlKazaz was understood to be a good trainer. [102] In late 2015 and early 2016, Mr Enderby was involved in discussions with other members of the man...

4. Supplementary-Analysis-Report-Incitement-of-Hatred-Amending-the-Human-Rights-Act-1993-to-include-ground-of-religious-belief.pdf [pdf, 1.8 MB]

   Supplementary Analysis Report: Incitement of Hatred – Amending the Human Rights Act to include ground of religious belief | 4 Section 1: Diagnosing the policy problem What is the context behind the policy problem and how is the status quo expected to develop? Current law The current incitement provisions in the HRA aim to prevent racial disharmony 1. The HRA is New Zealand’s main anti-discrimination law. Alongside its general non- discrimination rules, it contains

5. [2023] NZEnvC 079 Royal Forest and Bird Protection Society of New Zealand Incorporated v Dunedin City Council [pdf, 456 KB]

   RF&B v DCC IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2023] NZEnvC 79 IN THE MATTER of the Resource Management Act 1991 AND an appeal under clause 14(1) of the First Schedule of the Act in relation to the Dunedin City District Plan BETWEEN ROYAL FOREST AND BIRD PROTECTION SOCIETY OF NEW ZEALAND INCORPORATED (ENV-2018-CHC-287) Appellant AND DUNEDIN CITY COUNCIL Respondent Court: Environment Judge P A Steven En

6. [2023] NZEnvC 076 Noakes & Fruhling Trust v Waikato District Council [pdf, 609 KB]

   ...rules are accepted by the parties as being in scope, those policies relate to infrastructure staging, patterns of use, and levels of service, rather than filling of land within the 1% AEP floodplain and flood ponding areas. [98] [99] [100] [101] 29 The Council have accepted that appeal point 21 in relation to NH- P15 is in scope. The Appellants seeks to include similar wording in appeal point 20. Appeal point 21 also refers to floodplains and flood ponding, however it...

7. LCRO 8/2020 PA v ZN (21 December 2022) [pdf, 306 KB]

   ...ZN had consciously intermingled legal, business and personal arrangements during their five-plus years of association, and to draw a line between legal and business arrangements would be not only difficult, but also something of an artifice. [101] However, I do not consider it necessary to finally determine that issue because, in my view, Mr PA’s conduct is, despite Mr FY’s submissions otherwise, captured by his professional and ethical obligations as a lawyer. [102] Mr FY’s...

8. LCRO 138/2021 & 139/2021 TZ v FK and FK v TZ (26 July 2022) [pdf, 272 KB]

   ...proceeding before that decision-maker warranted disciplinary investigation, then I would think that a Standards Committee might usefully begin its assessment of the conduct by reference to rr 13.8 and 13.10.2 of the Rules and/or s 12(b) of the Act. [101] Rule 13.10.2 of the Rules provides:24 A lawyer cross-examining a witness must not put any proposition to a witness that is either not supported by reasonable instructions or that lacks foundation by reference to credible information...

9. [2022] NZACC 145 – Stojicevic v ACC (26 July 2022) [pdf, 434 KB]

   ...He acknowledged the three events of accidents on 28 June 2018, 13 July 2018 and 29 January 2019. He also acknowledges a “huge” variety of investigation which first was directed at the lumbar spine and then hip and finally the coccyx. [101] He says that none of these had certainty. He submits that the GP’s note of 3 September 2018 is “crucial” in that the appellant reported feeling a lot better with full range of movement and no back pain. [102] He notes that the ap...

10. [2022] NZEmpC 123 CSN v Royal District Nursing Service NZ Ltd [pdf, 376 KB]

    ...homeworker was an extension of the concept of employment to include homeworkers so as to protect those who were vulnerable because they work remotely from each other and therefore cannot organise, and who may otherwise be subject to exploitation.37 [101] In the present case, the following questions arise when considering the s 5 definition: (a) From November 2021 to April 2022, was CSN “engaged, employed, or contracted” by another person, and if so, who? (b) Was CSN engage...